A future where punishment is marginalized: Realistic or utopian?

The criminal justice system is thought of as one that decides when and how to punish criminal offenders. But in this Article, Professor John Braithwai te argues that this conventional way of thinking about the system is the ma in obstacle to its justice and effectiveness in reducing crime. The central ity of punishment is also thought to give the criminal justice system its p olitical appeal. But Braithwaite argues that this situation too could chang e if restorative justice is found to have more political appeal than puniti ve justice. One reason is that most citizens find restorative processes mor e just-procedurally and in terms of outcomes-than criminal trials. Criminal trials invite into the process those who can inflict most damage on the ot her side, and participants are allowed to speak only in the ways sanctioned by lawyers. Restorative justice invites into the process those who can off er most support to their own side, be it the victim or the offender, and it allows them to express their feelings in the way they choose. As such, res torative justice could be the basis for a more effective, rights-respecting , and politically popular justice system. Punishment was on a downward traj ectory in Western civilization between 1820 and 1970. Braithwaite concludes that a return to that trajectory in the next century is quite possible.